EB-5 Approval after Client’s Previous Unsuccessful Attempts

Original Filing date: August 78, 2012
1st RFE issued: August 27, 2013 (Responded November 15, 2013)
2nd RFE issued: February 11, 2014 (Responded March 13, 2014)
Approval date: April 29, 2014
Service Center: California Service Center/Immigrant Investor Program
Processing time: 20 months

Mr. Y came to Attorney Zhang, an expert in EB-5, after previously unsuccessful EB5 petition with another attorney. Mr. Y had already invested the necessary capital into his franchise restaurant. Frustrated, Mr. Y resubmitted his I-526 package, and the USCIS at California Service Center issued an RFE on lawful source of capital, capital risk, and job creation. Attorney Zhang carefully examined the initial filing documents, which was a mess. It was missing key documents and organized in a confusing manner. Attorney Zhang and his staff meticulously sorted through the documents, asked for missing or supplemental documents, explained confusions, and clarified the job creation plan through a revised Matter of Ho compliant business plan.

About 3 months after the initial RFE response, the USCIS (this time from the newly established Immigrant Investor Program at Washington DC) issued a second RFE on the issue of job creation. The government claimed that 10 full-time positions were not created based on the quarterly wage record. Attorney Zhang pointed out the high turnover rate in a restaurant industry and the legal requirement that positions should be created within 2 years of I-526 approval. He pointed out that the quarterly wage record actually showed that the business enterprise paid wages equaling 7 full-time workers and thus the enterprise had the capability to create 10 full-time positions according to the business plan within the required period. USCIS approved Mr. Y’s I-526 petition in about a month, and Mr. Y has since filed adjustment applications for him and his family and their conditional green card. Visatopia will continue to work together with Mr. Y until the condition on his 2-year conditional permanent resident status is removed.

The attorneys at Visatopia are committed and experienced in assisting foreign investors in all aspects of the EB5 immigrant investor program. If you are interested in this immigration pathway, please direct your inquiries to info@visatopia.com.